RADHEY SHAYAM GUPTA v. WEALTH-TAX OFFICER
[Citation -1987-LL-0110]
Citation | 1987-LL-0110 |
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Appellant Name | RADHEY SHAYAM GUPTA |
Respondent Name | WEALTH-TAX OFFICER |
Court | ITAT |
Relevant Act | Wealth-tax |
Date of Order | 10/01/1987 |
Assessment Year | 1978-79 |
Judgment | View Judgment |
Keyword Tags | mala fide intention • method of valuation • penalty proceeding • bona fide belief • original return • approved valuer • wealth-tax act • taxable limit • net wealth |
Bot Summary: | Facts briefly stated and material for the purposes of the present appeal are that the assessee having furnished the return of his net wealth on 29th June, 1979, as against due date of 30th June, 1978, the return being admittedly a belated one, penalty proceeding were taken against the assessee under s. 181(1) of the Wealth-tax Act, 1957 and penalty imposed at Rs. 760 with the reasoning that the assessee has without reasonable cause failed to furnish the return in time. The stand of the party before the WTO has been that his new wealth was below taxable limit; that a search was conducted in the year 1976 which affected his normal routine; that returns could be filed after getting approved valuer s report with the construction of the property was over; that there was no mala fide intention to delay the filling of the return; and finally That as and when the valuer s report was received, returns for the three years including for the assessment year under appeal was filed. The WTO without discussion negatived the stand of the assessee and at the first appellate stage also the assessee failed. AAC being of the opinion that the return filed by the assessee on 20th June, , 1979 declared the net wealth at Rs. 1,32,400. 1979-80 vide orders of date made on appeal by the Revenue in W.T.A. No. 299 of 1986 and cross objection by the assessee listed as C.O. No. 110 of 1986, we have upheld the directions of the le. For the assessment year under appeal, if the same directions are applied then certainly the net wealth comes to less than the taxable quantum and in this view of the matter the belief of the assessee become bona fide and stands to reasons. The belated filling of the net wealth- tax return by the assessee, on the stated facts is held to be for reasonable and sufficient cause. |